⚠️ This page is for general education and reference only and is not legal advice. Hong Kong employment rights are governed by the Employment Ordinance (Cap. 57) and your individual contract; if in doubt, consult the Labour Department or a professional.
What is statutory annual leave, and how is it counted?
Employees on a continuous contract (the "418" rule: employed for 4+ consecutive weeks at 18+ hours per week) earn paid annual leave after 12 months' service. Days increase with service to a cap of 14 from year 9:
- Years 1–2: 7 days
- Year 3: 8; year 4: 9; year 5: 10
- Year 6: 11; year 7: 12; year 8: 13
- Year 9 onwards: 14 days (the cap)
Annual leave pay = average daily wages (ADW) × leave days, generally payable no later than the normal pay day after the leave. Annual leave is separate fromstatutory (labour) holidaysand public holidays, and frompaid sickness days / sickness allowance. Work out ADW with theADW calculator, or see the combinedleave calculator.
Worked example
An employee with 5 years continuous service and ADW HK$800 is entitled to 10 days; pay = 10 × $800 = HK$8,000. Set the tool to 5 years / 0 months and ADW 800 to reproduce this.
On termination, if 200 days were served in the current leave year and 5 untaken accrued days remain from completed years, pro-rata ≈ (200 ÷ 365) × 10 ≈ 5.48 days, total ≈ 10.48 days ≈ HK$8,384 at ADW $800. This tool approximates the 3-month threshold as 92 days.
Eligibility and conditions
Generally you need a continuous contract and the relevant service for that leave year. Contracts may be more generous but not below the statutory minimum. On termination: pay in lieu of all untaken accrued leave from completed leave years (any reason); plus, if the employee served ≥3 months but <12 months in the current leave year and was not summarily dismissed for serious misconduct, pro-rata pay = (days employed ÷ 365) × that year's entitlement. Borderline ~3-month cases should be checked with the Labour Department.
For planning deadlines around leave, try theworking days calculator.
Sources
- Labour Department, Concise Guide to the Employment Ordinance:labour.gov.hk
- Labour Department FAQ (annual leave / termination):labour.gov.hk FAQ
- Employment Ordinance (Cap. 57):elegislation.gov.hk
FAQ
How is Hong Kong statutory annual leave calculated?
Under the Employment Ordinance, an employee on a continuous contract earns 7 days of paid annual leave after 12 months' service, then +1 day per further year up to 14 days from year 9 (years 1–2: 7; year 3: 8; …; year 9+: 14). Annual leave pay = average daily wages (ADW) × leave days.
How is untaken annual leave paid on termination?
On termination, the employer must pay for all untaken accrued leave from completed leave years (any reason). If the employee served ≥3 months but <12 months in the current leave year and was not summarily dismissed for serious misconduct, pro-rata pay generally applies: (days employed in the leave year ÷ 365) × that year's entitlement. This tool approximates the 3-month threshold as 92 days.
What is the annual leave cap?
The statutory paid annual leave cap is 14 days per year from the 9th year of service. Contracts may be more generous but cannot go below the statutory minimum.
How does annual leave differ from public and statutory holidays?
Annual leave accrues with service and is taken by arrangement; statutory (labour) holidays are fixed EO holidays; public (general/bank) holidays are the days offices and banks typically close. They are separate entitlements and cannot substitute for each other at the statutory minimum.
When must annual leave pay be paid?
Generally, annual leave pay is payable no later than the normal pay day after the leave is taken. Follow your contract and Labour Department guidance.
Can I rely on this calculator legally?
No. It is a general estimate for education only and is not legal advice. Rely on the Concise Guide and Cap. 57, and consult the Labour Department or a professional if in doubt.